Key Benefits:
982 OF 2005
(August 2)
Official Journal No. 45.995 of 09 August 2005
By which rules are laid down to equalize opportunities for deaf and deaf people and other provisions are dictated.
THE CONGRESS OF COLOMBIA,
DECRETA:
GENERALATIONS.
ARTICLE 1o. For the purposes of this law,
following terms shall have the following scope:1. "Hypoacusia". A decrease in the hearing capacity of some people, which can be classified into mild, medium, and deep.
Mild. The one that fluctuates between 20 and 40 decibels.
Median. The one that ranges from 40 to 70 decibels.
Deep. The one that is located above the 80 decibels and especially with inclined auditory curves.
2. "Hypoacusician". Those who suffer from hypoacusia.
3. "Community of the Deaf." It is the social group of people who identify themselves through the experience of deafness and the maintenance of certain common values and interests, and there is a permanent process of mutual exchange and solidarity. They are part of the nation's multicultural heritage and, in this sense, are comparable to indigenous peoples and communities and must possess the rights that are conducive.
4. "Sordo". It is anyone who does not have sufficient hearing and who in some cases cannot sustain a natural and fluid communication and socialization in any oral language, regardless of any audiometric evaluation that you may be able to practice.
5. "Sordo senante". It is everyone whose priority form of communication and social identity is defined around the use of Colombian Sign Language and the community and cultural values of the deaf community.
6. "Deaf speaker". It is everyone who acquired a first oral language. That person continues to use Spanish or native language, can present restrictions to communicate successfully, and can make use of hearing aids.
7. "Sordo semilingue". It is anyone who has not fully developed any language, because he was deaf before he developed a first oral language and also did not have access to a Language of Señas.
8. "Sordo monolingual". It is anyone who uses and is competent linguistically in the oral language or in the language of Senas.
9. "Sordo bilingüe". It is anyone who lives a bilingual situation in Colombian Sign Language and Spanish written or oral as the case, so uses two (two) languages to establish communication with the community sorda that uses the Language of Señas, as with the listener community that uses Spanish.
10. "Sign Language". It is the natural language of a deaf community, which is part of its cultural heritage and is as rich and complex in grammar and vocabulary as any oral language.
The Language of Señas is characterized by being visual, gestural and spatial. As any other language has its own vocabulary, idiomatic expressions, grammars, syntax different from Spanish. The elements of the language (the individual signs) are the configuration, the position and the orientation of the hands in relation to the body and with the individual, the language also uses the space, direction and speed of movements, as well as the facial expression to help convey the meaning of the message, this is a Visogestural language. Like any other language, it can be used by listeners as an additional language.
11. "School Integration". It is a complex process inherent in any educational proposal, as long as it recognizes the differences, as well as the basic values shared between people and allows a space for participation and development.
12. "bilingual education for the deaf". It is the one that recognizes that there are deaf people who live a bilingual situation in Colombian Sign Language and Castellano, therefore their education must be used in the language of the language of the language. Colombian and it should be provided as a second language in its primary or oral written form, in cases where this is possible.
13. "Integration with interpreter to the regular classroom". It is an educational alternative for the deaf who use the Colombian Sign Language. Deaf students are integrated in schools of listeners, secondary and middle school, with the interpreter service and the conditions that respond to their linguistic and communicative characteristics.
14. "Regular classroom integration with hearing aids." It is an educational alternative for students with some degree of hearing limitation who enter a regular institution. Students use oral Spanish or Spanish with hearing aids. They are integrated with listeners, in primary, secondary and middle school, with hearing aids and conditions for their participation and development.
15. "Communication". It is all act by which a person gives or receives from other information about personal needs, desires, perceptions, knowledge or affective states. It is the basis and mandatory requirement of any human grouping as it makes possible the constitution, organization and preservation of the collectivity.
It is a social process, so that communication takes place there is a need for the motivation to transmit and receive.
It is necessary to have explicit or implicit intervention, an agreement between the interlocutors regarding the use of a code that allows the organization of the transmitted messages by taking a given means or communication channel.
16. "Sordocerence". It is a unique limitation characterized by a hearing and visual impairment either partial or total; it results in difficulties in communication, orientation, mobility, and access to information.
17. "Sordociego (a)". Is that person who at any time in life can present a hearing and visual impairment that causes serious problems in communication, access to information, guidance and mobility. It requires specialized services for its development and social integration.
18. "Congenital Sordocerente". It is called congenital when the person is born with deafoceguera, that is, when he acquires it in any of the stages of gestation in the mother's womb or when it is acquired before the acquisition of the mother tongue.
19. "Acquired Sordoceguan". This is called when the person acquires the deafocerest in the course of life, after the language is acquired.
20. "Congenital deafness with acquired blindness." Individuals belonging to this group are born deaf and subsequently acquire blindness. This group includes people Sortociegas for Usher Syndrome, which is a congenital, hereditary and recessive disease, that is, it is born with it but the problems appear later.
21. "Congenital cahera with acquired deafness." The blindness occurs during gestation and the deafness subsequently acquires it.
22. "Interpreter Guide". Person who performs a work of transmitting visual information, communication and guidance in the mobility of the deaf person, with extensive knowledge of the Spanish language, the language of the language, tactile, in field reduced visual and other communication systems required by the people of Spanish and/or Spanish users.
23. "Prevention". It is understood as the adoption of measures aimed at preventing physical, intellectual, psychiatric or sensory deterioration (primary prevention) or preventing such deterioration from causing a disability or permanent functional limitation (secondary prevention). Prevention may include different types of actions, such as: primary health care, prenatal and postnatal care, nutrition education, vaccination campaigns against communicable diseases, measures to combat endemic diseases, safety standards and programmes, prevention of accidents in different environments, including the adaptation of workplaces to prevent disability and occupational diseases and the prevention of disability resulting from pollution of the environment or caused by armed conflicts.
24. "Rehabilitation". Rehabilitation is a process aimed at ensuring that people with disabilities are in a position to achieve and maintain an optimal functional state, from a physical, sensory point of view, intellectual, mental or social, so that they have the means to modify their own life and be more independent. Rehabilitation may include measures to provide or restore functions or to compensate for the loss or lack of a functional function or limitation. The rehabilitation process does not involve the provision of preliminary medical care.
It covers a wide variety of measures and activities, such as: basic and general rehabilitation, targeted activities, and others that aim for professional rehabilitation.
25. "Interpreter for the Deaf." People with extensive knowledge of the Colombian Sign Language who can perform simultaneous interpretation of Spanish spoken in the Language of Señas and vice versa.
It is also interpreters for deaf people who perform the simultaneous interpretation of Spanish spoken to other forms of communication of the deaf population, other than the Language of Señas, and vice versa.
26. "Interpreter Guide". Person who performs a work of transmitting visual, auditory or tactile visual information, visual description of the environment in which he is and guides in the mobility of the deaf person, with ample knowledge of the communication systems required by deaf people.
ARTICLE 2o. The language of Senas in Colombia that is necessarily used by those who cannot develop oral language, is understood and accepted as a necessary language of communication for people with losses In this case, it is important to know how to develop the oral language, which is necessary for the development of the person's thinking and intelligence, and therefore must be recognized by the State and strengthened by the reading and writing of Spanish, making them pro-positive in bilinguales.
OF INTERPRETERS, TRANSLATORS AND OTHER SPECIALISTS IN DEAFNESS AND DEAFNESS TO ENSURE THE FULL ACCESS OF THE DEAF AND DEAF TO THE STATE ' S JURISDICTION.
ARTICLE 3o. The State will support the research, teaching and dissemination activities of the Language of Senas in Colombia, as well as other forms of communication of the deaf and deaf population, for this purpose. promote the creation of schools for the formation of interpreters for deaf and deaf people and the incorporation of the teaching of the Language of the Language in Colombia into the programs of teacher training specialized in deaf and deaf people.
ARTICLE 4. The State will guarantee and provide the help of interpreters and guides who are suitable for this to be a means through which deaf and deaf people can access all the services that as Colombian citizens give them the Constitution. To this end, the State will organize through official entities and through agreements with associations of interpreters and associations of deaf people the presence of interpreters and interpreters, for access to the services mentioned.
The above, without prejudice to the fact that the support of the interpreters in the Colombian Sign Language only would be legitimate if the State does not exclude support for oral communication options for access to services that as citizens Colombians are entitled to the population with hearing limitation, user of the oral language.
ARTICLE 5o. The Colombian Sign Language may be performed as official interpreters of the Colombian Sign Language. Ministry of National Education prior to the fulfilment of academic, suitability and linguistic solvency requirements, according to the existing regulations.
PARAGRAFO. People who have been acting as official interpreters of the Language of the Language of this law, may validate such recognition, presenting and overcoming the evidence to this effect. issue the Ministry of National Education.
ARTICLE 6o. The official interpreter of the Colombian Sign Language will have as the main function to translate into the Spanish language or from this to the Colombian Sign Language, the communications to be carried out by the people who are deaf to hearing people, or translation into the special communication systems used by deaf people.
In particular, it will fulfill this function in situations of an official nature to the competent authorities or when it is required to guarantee the access of the deaf and deaf person to the services to which he is entitled as a Colombian citizen.
ARTICLE 7o. When injunctions are made to deaf and deaf persons by any competent authority, the respective national or territorial bodies shall provide Colombian Sign Language interpreting services, or other communication systems that may be provided directly, or by agreement with federations or associations of deaf, deaf, interpreters, interpreter, interpreter or other competent private bodies, recognised by the National Institute for the Deaf, Insor.
PARAGRAFO. For the purposes of this article, the National Institute for the Deaf, Insor, will have a record of interpreters and interpreter guide that will be available to interested parties, with an indication of the remuneration that they may, in the event of their work, be perceived in accordance with the regulations issued by the said entity.
ARTICLE 8. State entities of any order, gradually incorporate into the programs of customer service, the interpreter service and interpreter guide for deaf and deaf people which require it directly or through agreements with bodies offering such a service.
In the same way, public service providers, Health Care Institutions, public libraries, documentation and information centers and in general government and non-governmental institutions will do so. providing services to the public, setting in place the relevant training, with the full identification of the place or places where the deaf and deaf persons may be treated.
OF FORMAL AND NON-FORMAL EDUCATION.
ARTICLE 9. The National Government and territorial governments must respect linguistic and communicative differences in educational practices, promoting a bilingual education of quality that answer to the needs of the deaf and deaf, guaranteeing the access, permanence and promotion of this population in what points to formal and non-formal education in accordance with the regulations that for the effect the Ministry of National Education.
ARTICLE 10. The territorial entities will take planning measures to guarantee the service of interpretation to the deaf and deaf students who communicate in the language of Senas, in education basic, medium, technical, technological and superior, so that they can have access, permanence and projection in the educational system.
OF THE SORDOCIEGOS.
ARTICLE 11. All the rights of education, health, interpretation, translation and information referred to the deaf senants will be extended to the senant deafness, who will also have the right to demand guide-guide service to enable the communicative interaction of these deaf people through the use of the various communication systems.
The competent authorities in the departments, districts and municipalities should promote, adapt, implement comprehensive care services to deaf people to avoid their degenerate into the quality of life.
ARTICLE 12. All the rights of education, health, interpretation, translation and information concerning the deaf Spanish speakers will be extended to the speakers, who will also be entitled to require tactile forms of text or interpreters specialized in the tactile representation of Spanish or other communication systems.
OF MASS MEDIA, TELEPHONY AND OTHER SERVICES.
ARTICLE 13. The State will ensure that the deaf, deaf and low-lying people exercise their right to information in their national open television channels, for which they will implement the Intervention of the Language Interpreters of Señas, closed caption and subtitles, in the informative, documentary, cultural, educational and in the messages of the national, departmental and municipal authorities directed to the citizenship.
PARAGRAFO 1o. At airports, transport terminals, and other public places where information is provided by loudspeaker, they must have systems of written information visible to deaf people.
PARAGRAFO 2o. When the sessions of the Congress are transmitted, both in commissions and in plenary, by Senal Colombia or by the institutional channel of the State that I will replace, the service of Sign language interpreter, closed caption and subtitles. Likewise, the Senate and House newscasts will include this service.
ARTICLE 14. The State will make it easier for deaf, deaf and low-lying people to access all the technical aids needed to improve their quality of life.
ARTICLE 15. Any establishment or dependence of the State and of the territorial entities with access to the public, must have signs, notices, visual information and light alarm systems suitable for their use. recognition by deaf, deaf and low-lying people.
ARTICLE 16. In any public service announcement using any ambient sound, sound effects, dialogue or verbal message, transmitted by the institutional channel of the State, must be used information access systems for the deaf, such as the hidden caption or hidden text, the subtitling and the interpretation service in the Language of Senas, in accordance with the regulations issued by the National Government for this purpose.
ARTICLE 17. The National Government, through the Ministry of Communications and the National Television Commission, must guarantee television as a public service to the deaf and deaf, for which establish collaborative agreements with open channels at the national, regional, or local level, with a view to implementing the provisions set out in the previous article.
ARTICLE 18. Public telephones must have technical characteristics that allow the limited sensory access to this service. The National Government will regulate the matter.
ARTICLE 19. In the works of theatre, conferences, congresses or other public events will be held with Spanish-Language interpreters of Colombian Sign and an interpreter guide or vice versa when a group of ten (10) or more deaf senants and/or sordociegos so request.
ARTICLE 20. In plays, conferences, congresses, or other public events, they will be performed with screen text capture when a group of (10) or more deaf or speakers request it.
OF THE HUMAN RIGHTS OF DEAF AND DEAF AND THE INTEGRATION OF HIS FAMILY.
ARTICLE 21. Respecting its linguistic and communicative particularity, the deaf and deaf person will have the inalienable right to access a form of communication, be it this, the oralism or the Language of Colombian Sign as the two ways in which a person can be rehabilitated; respecting the characteristics of hearing loss and possibilities before it. Even if it is a minor, the State will ensure that no one is deprived of this right.
ARTICLE 22. All deaf or deafblind will have the inalienable right to access a form of communication, whether this is the Colombian Sign Language or the oralism. Even if it is a minor, the State will ensure that no one is deprived of this right, so that it does not risk becoming a semi-lingual person.
ARTICLE 23. All deaf and/or deaf-blind speakers will have the right to access the Colombian Sign Language as their second language, if they so wish. In this case, the State will support it through programs for this purpose, without prejudice to the right of all deaf people to preserve oral Spanish as the first language.
ARTICLE 24. Parents, spouses, and brothers of deaf and deaf people who want it, the State will provide them with access to the Colombian Sign Language, through the bilingual education programs of the deaf.
ARTICLE 25. The National Government will institute programs for the hearing parents of deaf and deaf children who use the Language of Senas to communicate with them to have time to learn the Language of Colombian Sign and live with the community of deaf and deaf people. These programmes shall include the necessary economic support.
ARTICLE 26. Deaf children born in rural areas where there is neither a deaf community, nor a bilingual school for the deaf, will be moved to urban areas that have a bilingual school for Deaf according to the regulations issued by the National Government.
ARTICLE 27. No one will be able to attack the parental authority of deaf parents over their hearing or deaf children or deafness, claiming that deafness makes them unfit for the full exercise of fatherhood. Those who do so will be punished according to the legislation in force.
ARTICLE 28. All forms of repression of the use of a Language of the Senas, both in public spaces and in private spaces, will be considered a violation of the right of free expression in the Constitution and shall be sanctioned in accordance with current legislation.
ARTICLE 29. All forms of repression of the congregation and the peaceful organization of the deaf and deafness senantes, both in spaces public as in private spaces, will be regarded as a violation of the right of free association enshrined in the Constitution and will be sanctioned in accordance with the current legislation.
OF DEAF AND DEAFBLIND DISCRIMINATION.
ARTICLE 30. Deaf and deafblind will not be able to deny, condition, or restrict access to a job by arguing for a lack of hearing or vision unless it is shown that this function is essential for the work to be done.
The dismissal or termination of a person's contract is not legally effective because of his or her hearing or visual limitation without prior authorization from the office of work to establish the existence of a fair cause for termination or termination of the respective contract.
However, those who are dismissed or their contract terminated by reason of their hearing or visual limitation, without the fulfilment of the requirement laid down in the foregoing paragraph, shall be entitled to an equivalent allowance of one hundred and eighty days (180) of the salary, without prejudice to the other benefits and allowances to which it has taken place in accordance with the Substantive Labour Code and other rules which modify it, add, supplement or clarify.
ARTICLE 31. The deaf or deaf may not be denied, conditioned or restricted a license to exercise or officiate any of their lack of hearing or vision, unless they are shown to be authentic. This function is essential for the activity that you would have to perform.
ARTICLE 32. In accordance with current labor law, equal pay must be equal to equal work, regardless of whether the worker is deaf, deaf-blind, or listener. In accordance with the law, any employer who pays less than a deaf or deaf person shall be punished for the sole fact of being deaf or deaf.
ARTICLE 33. In accordance with current legislation, deaf and deaf people will be given the same opportunities to ascend in their work, according to their ability and seniority, no matter what they may be. deaf or deaf. In accordance with the law, any employer who discriminates against the deaf or deafened by the mere fact of being a person shall be punished.
ARTICLE 34. Any discrimination of a deaf or deafblind senant by virtue of his linguistic or cultural identity, or a deaf speaker or semi-lingual by virtue of his or her deaf condition shall be sanctioned by compliance with the relevant legislation, even if the nature of such discrimination is not provided for in this law.
SPECIAL REGIME FOR PROTECTION AND PROMOTION OF WORK FOR DEAF AND DEAF PEOPLE.
ARTICLE 35. The National Government, within the employment policy, will reserve to be covered with deaf and deaf people, a percentage of public administration and state enterprises as long as they do not affect the efficiency of the service and assign them to tasks that can be performed without affecting the normal development of the organisms. The proportion of the charges to be reserved will be determined by way of regulation. Administration charges must be given as long as they meet the requirements.
ARTICLE 36. The National Learning Service, Sena, will carry out actions to promote its courses among the deaf and deaf people and will allow access on equal terms for the previous population. assessment of their potential for the various training programmes. It will guarantee the service of interpretation for the access, permanence and projection of the deaf and deaf people, who communicate in the language of Senas. In addition, through the employment information services, it will establish lines of employment guidance that will enable the beneficiary's capabilities to be related and their adequacy with the demand for work.
ARTICLE 37. In contests that are organized for the entry into the public service, persons with associated hearing and visual limitation shall be admitted on an equal basis, provided that limitation is not incompatible or insuperable in the face of the job offered, after all possible means of training have been exhausted.
ARTICLE 38. Both public and private entities that offer training and professional training programs to deaf and deaf people such as the National Learning Service, Sena, Universities, educational institutions, should take into account the linguistic and communicative particularities and incorporate the language interpreter service and interpreter guide into the programs they offer.
ARTICLE 39. The National Government, through Icetex, will guarantee the obtaining of educational credit by the student population of deaf and deaf people in accordance with the academic assessment of the and the economic situation of the family.
ARTICLE 40. The National Government through the Ministry of Development (Instituto de Fomento Industrial, IFI) will establish special lines of credit for the operation and constitution of small and medium-sized enterprises. companies, whatever their legal form, that allows deaf and deaf people to develop their economic activities that consequently serve them to raise their quality of life.
ARTICLE 41. The National Government in regulating this law will make the skills, determine the activities, the extension of the working day and the industrial activities, that because of its danger The deaf and deaf are forbidden.
CREATION OF THE NATIONAL PROGRAM FOR EARLY DETECTION AND ATTENTION OF THE HYPOACUSIA.
